Case Title:
State of Rajasthan vs. Parmeshwar Ramlal Joshi & Others
Court: Supreme Court of India
Judgment Date: 8 October 2025
Judges: Justice Vikram Nath & Justice Sandeep Mehta
Case No: Criminal Appeal (SLP Crl. Nos. 2797–2798 of 2025)
Case Analysis
- Parmeshwar Ramlal Joshi (complainant) was involved in granite mining business in Bhilwara District, Rajasthan.
- He alleged that Ramlal Jat, a Revenue Minister, and others cheated and threatened him regarding ownership and shares of mining companies (Black Mount Granite Pvt. Ltd. and Aravali Granimarmo Pvt. Ltd.).
- Joshi filed several FIRs under various Indian Penal Code (IPC) sections for cheating, theft, criminal conspiracy, etc.
- The local police closed the case saying it was a civil dispute, not a criminal one.
- Joshi believed the local police were biased due to political influence and asked the Rajasthan High Court to transfer investigation to the CBI (Central Bureau of Investigation).
In the Rajasthan High Court
First Petition (2024):
Joshi filed a Criminal Writ Petition asking for CBI investigation.
The High Court did not agree and allowed him to withdraw the petition (on 23 Oct 2024).
Second Petition (2025):
Joshi filed another petition under Section 528 of Bharatiya Nagarika Suraksha Sanhita (BNSS) (earlier Section 482 CrPC) — same request for CBI probe.
On 16 Jan 2025, the High Court refused to transfer the case to CBI, only directed the Superintendent of Police to ensure fair investigation.
Then, Joshi filed another “modification” request saying the Court “forgot” to order CBI probe.
The High Court recalled its earlier order, claiming there was a clerical mistake, and ordered the CBI to take over investigation (on 4 Feb 2025).
Supreme Court’s Analysis
- The Supreme Court said the High Court cannot review or recall its own order unless there is a clerical error (under Section 362 CrPC / Section 403 BNSS).
- In this case, there was no such mistake — the High Court had changed its decision, which is not allowed.
- Since the first writ petition was already withdrawn without liberty to refile, Joshi could not again seek the same relief in another form.
- Therefore, the Supreme Court held that the High Court acted beyond its powers by reviewing its previous order and transferring the case to the CBI.
Final Judgment
- Supreme Court quashed the Rajasthan High Court’s orders dated 24 Jan 2025 and 4 Feb 2025.
- The CBI transfer was cancelled.
- Joshi was given liberty to file a proper appeal if he wants to challenge earlier High Court orders (legally).
- Appeals by the State of Rajasthan were allowed.
- Important Legal Provisions Mentioned
- Section 156(3), 406, 420, 384, 379, 120B IPC – offences in the FIR.
- Section 528 BNSS (earlier Section 482 CrPC) – inherent powers of the High Court.
- Section 403 BNSS (earlier Section 362 CrPC) – restriction on reviewing orders.
- Case Referred: Simrikhia v. Dolley Mukherjee (1990) 2 SCC 437 – High Court cannot review its own order using inherent powers.
Simple Summary
- The Supreme Court ruled that the Rajasthan High Court wrongly allowed CBI investigation after already dismissing the same request earlier.
- Courts can correct only clerical mistakes, not change their own final decisions.
